Can my wife move out of the county with my daughter? 19 Answers as of May 26, 2011

My ex-wife and I have joint custody of our daughter. She has primary residency. I know she can’t move out of state, but what about the county? If she can, whose responsibility is it for transportation back and forth for the 45-60 minute trip? I really don’t want my daughter so far away! She is 7 years old in July, She is with me Tuesday and Thursday, her mother Monday and Wednesday, and weekends are split, Friday afternoon through Monday morning.

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That is a tough one. You have the right to file a written objection to the move, and the court will look to the motive for the move. If it is legitimate, then the court will allow it, most likely. It will apportion the expense of the travel as it deems fit. Stay well.

When one parent makes a serious change like this, the other parent needs to be involved. And if she is going to cause you a very long drive, you may end up in front of a Judge. And be careful: it is no simple mistake that you are facing a huge long drive now. There are a lot of things that change if your ex moves a long distance away. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the first office visit. I know people worry about how expensive a lawyer is, so I am careful to be as inexpensive as I can for my clients. Before you spend a dime, you will know how much this is likely to be.

In Washington State whenever the primary caretaker moves from the child's current school district he/she has to give notice and propose a new parenting plan. You can object and propose your own. The presumption is that the primary caretaker can go.At the hearing, if there is a hearing,the court considers many factors in deciding whether to overcome the presumption.Whether the move is"out of county" or "out of state"the process is the same.

In Oregon, each judgment is to have a provision that neither party is to move the children a distance of more than 60 miles without notifying the other party and court in advance. The fact that the move is into another county is not relevant. However, this move is going to disrupt the status quo and interfere with the parenting time schedule. Therefore you may need to take preemptive action because this move will effectively destroy joint custody and therefore you may want to file in advance of her move if she has indicated that she is definitively moving. Call to discuss.

The answer is probably yes, but you need to first carefully examine the parenting plan. If you feel the move will be detrimental to your daughter's best interest you can ask the court to make whatever changes to the parenting plan it finds important to protect the child's best interest. The court can also establish the rules for sharing the additional transportation requirements; typically, if you and your ex can't find a solution a judge will probably require you to meet half-way for the exchange.

The statute in question, the "relocation" statute, is not location specific. The language of the statute is if it would significantly interfere with the parenting plan. Sounds like you need to file a motion to prevent her move or to have the children move in with you if she does.

Under Washington law, before your ex can move the child out of the child's school district she has to give you formal notice of intent to relocate. Once she has done that, you have 30 days to decide whether to contest the relocation by filing an objection/petition with the court. If you do that, it then proceeds to trial for the court to decide whether to allow the relocation and whether the parenting plan needs to be modified.

It depends upon the order. Usually, custody and visitation orders in Ventura County, California specify that the child cannot change residence from their current County. If the order is silent, then I would seek an immediate modification to address this issue and your other concerns. If you are in my area, please contact me for a free consultation.

Under Minnesota law, consent or a court order is required with regard to relocating with a child out of the State. It is not required for relocation out of the county. However, if the parent's share legal custody, any change in schools would have to be agreed upon by the parents. Moreover, if the relocation creates a distance that affects parenting time, it may form a basis to seek a modification of the parenting schedule including provisions related to transportation for that parenting schedule.

I can only advise regarding Minnesota law on this issue. The answer depends on the terms of your divorce decree. If there is a limitation in your decree on the area in which you and your ex-wife will continue to reside or a limit on the number of miles away either of you can move with the child, this is enforceable. If there is no such limitation, there may be limited recourse. In any event, you probably need to review the parenting schedule in light of this move.

When this happens, you and your ex have to make arrangements to fairly share the added time and expense of travel, etc. If she refuses, you must petition the Family or Supreme Court to impose fair arrangements upon her so she will be at least equally responsible for such things since she is the one who wanted to move out of the county. Good luck.

You might want to consult with a divorce attorney/family lawyer in your community (or whoever handled your divorce) about whether or not you want to consider bringing a modification action to address the change in circumstances. Good luck!

File an Order to Show Cause seeking to prevent the move or in the alternative, to midify child custody and award your child's custody to you, and ask also that if the Court allows the move, to require your ex to provide 1/2 of the transportation. You would best be represented by an experienced Family Law Attorney.

In Ohio, but not Michigan, it is standard to require the parent moving anywhere with a child to notify the other parent and the Court thirty days before moving. Wherever you live, consult with a family law attorney before the move to verify your rights to your child's domicile.

You have to look at your custody papers. What do they say? Your question is very common on this forum and by people who call my office directly. 90% of the time, the answer to this question is already in your possession. It is possible your attorney did not address then when the original papers were drawn up, but most lawyers put in provisions for this situation. Most common is that if she moves over a certain distance, she picks up transportation cost. But again, it depends if it is in your orders and how it was written.

There are a lot of factors that are considered in a "move-away" matter. The determination will be based on your child's "best interests," including not upsetting the apple cart in terms of her school, friends, activities, etc. If mother moves away, can you take over the role of custodial parent and provide for all your child's needs? Can you maintain the status quo, in terms of your daughter's current schedule and lifestyle? What will be the impact to your daughter if she moves with mother about an hour away? This are just a few of the questions that need to be addressed. I'd suggest that you and mother schedule an appointment with a counselor that helps parties develop sensible parenting plans. If that fails, and you don't want your daughter moved away, you will need to file a custody modification motion with the court. If you decide to pursue court orders, it would be advisable to consult in person with a family law lawyer who has experience with these types of custody issues. Good luck!

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